R v Mercuri de Figueiredo [2022] NSWDC 67

District Court New South Wales

Medium Neutral Citation: R v Mercuri de Figueiredo [2022] NSWDC 67 Hearing dates: 17 February 2022 Date of orders: 18 March 2022 Decision date: 18 March 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [84]. Catchwords: CRIME – administer intoxicating substance with intent to commit indictable offence – sexual touching of another person without consent – attempted sexual intercourse without consent – principle of totality. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 R v Edwards (1996) 90 A Crim R 510 R v Grech [1999] NSWCCA 268 R v Holder; R v Johnstone (1983) 3 NSWLR 245 R v King [2009] NSWCCA 117 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) Romolo Mercuri de Figueiredo (Offender) Representation: Counsel: A. Hughes (Crown) J. Ellis (Offender)

Solicitors: H. McMillan (Crown) B. Barnes (Offender) File Number(s): 20/177851 Publication restriction: Pursuant to s 578A of the Crimes Act 1900 it is an offence to publish any matter which identifies the complainant or any matter which is likely to lead to the identification of the victim.

REMARKS ON SENTENCE 1. On 20 August 2021 following a Judge alone trial, the offender was found guilty of the following three offences: 1. Count 1 – administer intoxicating substance with intent to commit indictable offence. This is an offence pursuant to s 38(a) of the Crimes Act 1900. The maximum penalty prescribed is 25 years imprisonment. 1. Count 2 – sexual touching of another person without consent. This is an offence pursuant to s 61KC(a) of the Crimes Act 1900. The maximum penalty prescribed is 5 years imprisonment. 1. Count 3 – attempted sexual intercourse without consent. This is an offence pursuant to s 61I of the Crimes Act 1900. The maximum penalty prescribed is 14 years imprisonment and there is a standard non parole period prescribed of 7 years imprisonment. 1. The offences occurred between 25 and 26 April 2020. The offender was arrested on 15 June 2020 and remained in custody following his arrest until 17 September 2020, a total of 95 days. Since the verdict, he has spent 162 days in custody up until the sentence hearing, and it was agreed that any sentence should be backdated to commence on 22 May 2021.